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SIANO v. JUSTICES OF MASSACHUSETTS

No. 82-1467.

698 F.2d 52 (1983)

Louis SIANO, Plaintiff, Appellant, v. JUSTICES OF MASSACHUSETTS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 21, 1983.

Rehearing Denied February 4, 1983.

Attorney(s) appearing for the Case

John Cavicchi, Boston, Mass., for plaintiff, appellant.

Roberta Thomas Brown, Asst. Atty. Gen., Boston, Mass., Chief, Torts Division, with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Justices of Mass., et al.

John T. McDonough, Springfield, for Matthew J. Ryan, Jr.

Before COFFIN, Chief Judge, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

Plaintiff-appellant Louis Siano appeals the dismissal of his action against the Justices of Massachusetts and Matthew J. Ryan, Jr., District Attorney of Hampden County, Massachusetts, pursuant to Fed.R.Civ.P. 12(b)(6), "for failure to state a claim upon which relief can be granted." In our review we must therefore accept the allegations in the complaint as true. Conley v. Gibson, 335 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80...

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